Landlord Delays definition
Landlord Delays means any such delays caused by Landlord including, without limitation, any delays due to Code Work (excluding, however, Contractor’s performance of the Code Work if Tenant elects to perform the Code Work utilizing the Contractor pursuant to subsection (iii) of Section 1 above), any failure by Landlord to comply with any of the time periods for approval of the Construction Drawings and each component thereof (as defined in and pursuant to Section 3 of this Tenant Work Letter), Landlord’s failure to provide Tenant sufficient access to each floor and the Building and the loading dock, ramps, and freight elevator to construct the Improvements and move into the floor without interruptions (subject to Tenant's compliance with Landlord's reasonable rules and regulations regarding move-in and construction), or Landlord’s failure to comply with any other provision of the Lease (after expiration of any applicable cure period) and/or this Tenant Work Letter. Force Majeure Events shall be as defined in Section 25.25 of the Lease, but shall also include delays in obtaining permits or approvals from the appropriate governmental authorities, despite Tenant's good faith diligent efforts. In addition, no Landlord Delay or Force Majeure Events shall be deemed to have occurred unless Tenant has given Landlord written notice that an event giving rise to such Landlord Delay or Force Majeure Event is about to occur or has occurred which will cause a delay in the design, permitting and completion of the Improvements (minor punch-list items excepted) and move into the Premises and Landlord has failed to remedy the situation giving rise to the potential Landlord Delay or Force Majeure Event within one (1) business day after Landlord's receipt of such notice, in which case the number of days of actual delay after such notice shall be a Landlord Delay or Force Majeure Event, as appropriate.
Landlord Delays means delays caused by Landlord or its agents, including Landlord’s contractors and consultants, Landlord design changes or Change Orders unless initiated or requested by ▇▇▇▇▇▇, and completion of Landlord Improvements regardless of whether included on Exhibit D, and any other Landlord work that prevents or delays Tenant or Tenant’s General Contractor from performing or continuing with Tenant’s Project Timeline and Milestone Dates.
Landlord Delays means any actual delay in the design, construction or installation of the Leasehold Improvements which is caused by any of the following:
Examples of Landlord Delays in a sentence
Tenant shall promptly and diligently (subject to Landlord Delays and Unavoidable Delays) develop with TI Architect a space plan for the Tenant Improvements and cause TI Architect to prepare proposed schematic plans for the Tenant Improvements.
Notwithstanding anything contained in this Section 5.5, in no event shall Tenant be obligated to employ extraordinary efforts or incur extraordinary expenses (e.g., overtime), to overcome any Landlord Delays.
Tenant shall promptly and diligently (and in all events prior to any applicable Work Deadlines, subject to Landlord Delays and Unavoidable Delays) cause to be prepared and delivered to Landlord, for approval (which shall not be unreasonably withheld or delayed by Landlord), a space plan and detailed plans and specifications for the Improvements constituting Tenant's Work (as so approved, the "TENANT'S APPROVED PLANS").
In addition, no Landlord Delays shall be deemed to have occurred unless Tenant has provided notice, in compliance with the Lease, to Landlord specifying that a delay shall be deemed to have occurred because of actions, inactions or circumstances specified in the notice in reasonable detail.
In the event Tenant shall fail to complete all components of the Work and be open for business to the public by not later than the date which is two hundred ten (210) days after the Possession Date, subject to Force Majeure, condemnation, casualty and Landlord Delays ("Required Opening Date"), such failure shall constitute a default by Tenant under this Lease, without the necessity of notice of such default or the application of any cure periods.
More Definitions of Landlord Delays
Landlord Delays means delays that delay the substantial completion of the Improvements and that are caused by (i) the failure of Landlord to provide approvals within the time periods set forth in the Work Letter Agreement (ii) delays in the substantial completion of the Improvements beyond the RCD directly attributable to Landlord’s failure to complete the ADA Alterations (as defined in Section 3 of the Addendum to the Lease) in a timely manner, (iv) delays in the substantial completion of the Improvements beyond the RCD directly attributable to Landlord’s failure to complete a required Exterior Alteration (as defined in Section 3.5 of the Work Letter Agreement), if any, in a timely manner, or (v) other delays defined in this Lease as “Landlord Delays”. The “substantial completion of the Improvements” shall mean the Improvements have been completed except for minor items or defects which can be completed or remedied after Tenant occupies the Premises without causing substantial interference with Tenant’s use of the Premises.
Landlord Delays means the delay caused by Landlord’s failure to respond to a request for approval pursuant to Section 1 of Exhibit D, and shall be measured by the numbers of days from the date Landlord receives a request for second notice in accordance with the provisions of Section 1 of Exhibit D through the date on which Landlord responds to such request or is deemed to have approved such request in accordance with the terms of Section 1 of Exhibit D.
Landlord Delays means, for purposes hereof, any delays caused by acts or omissions to act, negligence or willful misconduct of Landlord or any of Landlord’s employees, agents, contractors or representatives, which shall in any event, for purposes of this Exhibit “E”, not be considered or deemed a delay caused either by Tenant Delay or Uncontrollable Delays.
Landlord Delays means actual delays in the completion of the Tenant Improvements by the expiration of the Buildout Period to the extent resulting from (a) the failure of Landlord (but not any design review committee or owner's association) to timely approve or disapprove any of Tenant's submittals pursuant within the express timeframes provided in Section 3.2 above; or (b) material interference by Landlord or the Landlord Parties with the construction of the Tenant Improvements following Substantial Completion of the Landlord Work. If Tenant contends that a Landlord Delay has occurred under clause (b), then no Landlord Delay shall have occurred unless and until Tenant has provided Landlord's Representative (as defined above) with email notice specifying that a Landlord Delay may result from Landlord's continued actions or failure to act, and Landlord does not cease or complete (as the case may be) such actions within one (1) business day after receipt of such email notice. With respect to other delays under clause (a), Tenant shall provide Landlord's Representative with email notice within ten (10) days following the date Tenant actually becomes aware of the delay; provided, however, there shall be no cure period with respect to such delays and the Landlord Delay shall be deemed to have occurred (and started accruing) on the actual day the Landlord Delay occurred. Notwithstanding the foregoing, the Landlord Delay shall be deemed to have ceased on the date that Landlord is deemed to have approved of any of Tenant's submittals pursuant to Section 3.2 above. The Buildout Period shall be extended on a day-for-day basis for each day of a Landlord Delay.
Landlord Delays shall be defined as any delay in the performance of the Tenant Work by reason of: (i) the default or delay of Landlord, or Landlord’s agents, employees or contractors, (ii) Landlord’s failure, for any reason, to complete all of Landlord’s Work on or before the date one hundred twenty (120) days after the Term Commencement Date; whether it has been delayed by force majeure, or (ii) Tenant’s inability to obtain a building permit or certificate of occupancy solely based upon the non-compliance of the exterior common areas of the Building, and the common vestibule located behind the Cascade Promotions’ space, or the Property with applicable laws, ordinances or regulations (collectively “Laws”).
Landlord Delays means actual delay in the performance of the TI Work which Tenant can demonstrate is attributable to (i) the actions, omissions or interference of Landlord or Landlord's Agents with respect to any aspect of the performance of the TI Work, (ii) any delay by Landlord in the review and approval of any Construction Documents submitted to it for review and/or approval beyond the time periods provided for herein which causes actual delay in the issuance of a building permit to Tenant, and (iii) any delay in the completion of Base Building Work not caused by Tenant Delay. In calculating the duration of any Landlord Delay, such duration shall be based upon the actual number of days of delay in the completion of the TI Work attributable to the causes described in clauses (i) and (ii), above.
Landlord Delays means any actual delay which Tenant ----------------- encounters in the performance or completion of any Tenant Alteration, including Tenant's Initial Alterations and Specialty Alterations, or in moving into the Premises, which is caused by any act or omission of Landlord, its agents, employees or contractors, including, without limitation (i) delays caused by any acts or omissions of Landlord, its agents, servants, employees or contractors which unreasonably interfere with Tenant (including, without limitation, any failure to cure a violation of any Requirement for which Tenant is not responsible), (ii) delays, other than those reasonably anticipated by reason of the staging of the performances thereof in accordance with good construction practice taking into account Tenant's desire to perform its Initial Alterations as soon as possible, caused by the performance by Landlord of Landlord's Work, (iii) delays caused by latent defects in the Building (or the repair thereof), and (iv) delays caused by the inaccuracy of Landlord's representation contained in Section 6.3.